Supportive Reston Attorneys For Your Child Support Issues
Child support issues can arise both within divorce cases and between unmarried parents. If you are considering filing a child support action, timing is extremely important. Even if two parties hope not to engage in litigation and are likely to settle, it is sometimes advantageous to file a case early in the separation to secure retroactivity.
At Hirsch & Ehlenberger, P.C., we bring together more than 35 years of experience in custody issues to families in Northern Virginia, and we will fight for the outcomes you need to protect your finances and support your family. We can advise you whether your situation would benefit from an early filing and whether it would be strategically advantageous to wait to file. We can also provide guidance on child custody issues in divorce, as well as modifications and enforcement.
How Do Virginia Courts Calculate Child Support?
Virginia courts generally calculate child support based on the Income Shares Model. This approach is based on the idea that children should receive the same proportion of their parents’ income they would have received if the parents lived together. Support payments are calculated based on the parents’ monthly income, the number of children, health care costs, child care expenses and their custody arrangement.
One of the most common questions asked by clients going through child support litigation is what to do if they do not currently have income. This may occur if they or their spouse have been a stay-at-home parent or left the workforce due to other responsibilities. However, the courts can address these situations. Courts have the ability to impute income to a parent in some circumstances if they are not reasonably employed. This means that a court can assign a reasonable income to someone who is voluntarily underemployed or unemployed.
Every family’s financial situation is unique, and reaching a fair child support arrangement often depends on getting informed legal guidance. The child support lawyers at Hirsch & Ehlenberger, P.C., have litigated child support and income issues throughout Northern Virginia. We have litigated both sides of the issue and are familiar with how to fight for fair support amounts.
Our Child Support Services Are Wide-Ranging
An adverse ruling in a child support case can have far-reaching financial ramifications, and such orders can only be modified if one parent shows a material change in circumstances warranting a modification. Loss of employment is one of the most common reasons for parties to seek a reduction in child support.
We also work with clients to get an increase in child support when the client learns the other parent is earning a higher income than when support was last calculated. Additionally, as children age out of work-related child care, modifications are often warranted when the cost of child care was included in the last child support calculation. Modifications are also usually required when a child emancipates, and child support needs to be recalculated for only the remaining children owed a duty of support.
Our lawyers have regularly litigated enforcement actions, including getting back payments for clients when a parent is not paying their court-ordered child support and assisting parents who have fallen behind in child support to negotiate a settlement to avoid the sanctions that can be imposed by the court when possible.
When Can Virginia Co-Parents Modify Child Support Payments?
In Virginia, child support payments are not set in stone. However, they can only be changed if you experience a “material change in circumstances.” This means the change must be significant and long term for parents to request a modification to their child support order.
Several situations often require parents to revisit and possibly change child support orders. This includes:
- Losing a job or being demoted
- Being promoted
- Having an increase or decrease in salary
- Changes in the custody or visitation schedule
- Changes in child care costs
- Serious medical issues that result in increased health care costs
Situations like these can significantly change a parent’s finances or a child’s needs, and either parent can ask the court to modify their existing order as a result. The court will then use the Virginia child support guidelines with the new situation to decide on an appropriate adjusted payment amount.
Connect With A Virginia Lawyer Who Understands Your Situation
We represent clients throughout Northern Virginia in various family law matters, including creating parenting plans and addressing child custody issues. Contact our proven child support attorneys today for an initial consultation. Call us at 703-239-4832 or reach out via the online contact form.